While disputes over parenting time and parental responsibilities are commonly some of the most difficult aspects of a divorce to resolve, some parents go above and beyond normal levels of conflict and try to prevent the other parent from having any access to the children at all. Sometimes, this behavior is based on legitimate concerns about a spouse’s parental fitness because of a true history of abuse, neglect or concerning personal behavior. Most of the time, however, high-conflict custody disputes are just an extension of parental interpersonal conflict in which one parent has, or both parents have, decided to use the children to try to get revenge. 

If you are getting divorced or are seeking a child custody modification in Illinois, and your situation has already become very tense, here are three major mistakes to avoid as your case plays out in court. 

Mistake #1: Try to Convince a Judge that Your Spouse is the Bad Guy

Illinois family law judges have seen it all. They are highly attuned to the possibility that a parent might be using false allegations to try to gain the upper hand in court. If you are truly concerned that your child’s other parent is an unfit parent, provide clear,  unbiased evidence that supports your allegations. Do not call the other parent names, lose your temper in court appearances, leave threatening voicemails or give a judge any reason to believe your allegations are based more on a personal vendetta than objective truth. This includes making tasteless social media posts about the other parent, which can be easily accessed and produced as evidence in court. 

Mediation as a means of resolving important issues in a divorce is an increasingly popular option. Indeed, judges these days often order divorcing couples to attempt to resolve their issues with the help of a mediator before allowing a case to proceed to litigation. In the vast majority of cases, a couple committed to resolving their divorce peacefully can resolve all of their issues in mediation, reach a satisfactory divorce settlement and move forward with their lives. 

However, despite being an inherently less adversarial process than a litigated divorce, mediation is not without its risks. One risk is that sometimes spouses who aim to reach a resolution in mediation may be willing to give up certain property and parental rights, resulting in a seriously negative outcome for them in the future. Having an attorney can help you avoid these possible errors and other potential pitfalls of mediation. 

Having the Right Lawyer

While having an attorney throughout the divorce process is important, it is equally important to have the right attorney. Not just any attorney will do. Some attorneys specialize in adversarial divorce litigation and will not be truly committed to helping you resolve your issues amicably. Other attorneys do not offer customized divorce representation and instead prefer to offer one-size-fits-all packages at set costs. 

If you are getting divorced in Illinois, and have a child under the age of 18 (and in some cases, even a child older than 18), you may be wondering whether you will need to pay child support. When you have your child’s best interests at heart, it is important to know what to expect as you prepare yourself emotionally and financially for life after a divorce. To learn more about how child support works in Illinois, read on, and then contact a highly-skilled divorce attorney for advice. 

Who Pays Child Support? 

Child support payments in Illinois are calculated using the “income shares” model. This model uses both parents’ net incomes, and, along with the amount of time each child spends with each parent, determines whether one parent needs to pay child support. Child support payments are meant to cover a child’s everyday expenses like clothing, food and housing, as well as the costs of education, healthcare and other wellness needs. While the parent with the majority of parenting time is usually the parent to receive child support payments, this is not always the case. 

How Long Do Child Support Payments Last? 

Child support typically ends once a child turns 18 or graduates from high school, whichever comes later. If you have more than one child, you can have your child support payments modified as each successive child turns 18. 

While the aging process is never easy for the person going through it, watching someone you love as they age can be just as difficult. This is especially true when a parent’s mental or physical health begins to decline rapidly but the parent is resisting the help they need. An elderly person’s situation may become dire before family members realize something is really wrong. In cases like this, even if your loved one has a solid estate plan and powers of attorney in place, you may need something more: legal guardianship. If you live in Illinois and any of the following situations apply to you and your parent, you may want to consider petitioning a court for guardianship. 

Your Parent Will Not Consent to a Power of Attorney

The term “power of attorney” refers to the legal authority for one person to act on behalf of someone else. If your parent is clearly in need of help–for example, if she can no longer pay her own bills–someone will need to step in with the authority to make financial transactions on her behalf. But if a parent will not consent to give that power, you may need to petition for guardianship instead. Whereas a power of attorney is assigned voluntarily by the person whom the power of attorney represents, a guardian is assigned by a court. 

Major Financial Decisions Need to Be Made

Sometimes having a power of attorney is not enough. Because the authority of someone with power of attorney is often limited in scope, major financial decisions may need help from a guardian. For example, if a parent’s property needs to be sold, a court may need to appoint a guardian to manage these complex financial transactions. 

An engagement ring is an object with a deep sentimental feeling attached to it, but it is also often the most valuable asset a young couple owns at the beginning of their marriage. When a marriage falls apart and a couple files for divorce, it is understandable that both spouses may have strong feelings as to the entitlement of the ring; the spouse who gifted the ring may feel as though a promise has been broken, while the spouse who wears the ring may feel as though gifts cannot be taken back. 

When a valuable engagement ring is at stake, what happens if the engagement is broken off? And, if a couple is married, how do they know whether the ring should be considered marital or personal property? Read on to find the answers to these questions and then contact an Oak Park divorce attorney for help with your case. 

When Does an Engagement Ring Have to Be Given Back? 

Engagement rings are different from other gifts that lovers give to each other; generally speaking, even a very expensive gift does not need to be returned if an engagement is called off. An engagement ring, however, is a gift given in exchange for the promise of marriage. If an engagement is called off, whether the ring must be returned depends on who ended the relationship.